21 U.S.C. § 2001 — Designation of United States Anti-Doping

Page 999 TITLE 21—FOOD AND DRUGS § 2001 3 So in original. Probably should be ‘‘Commission’’. 1 So in original. Probably should be ‘‘220501(b)(1)).’’ (g) Report (1) Not later than 1 year after December 3, 1999, the Commissions 3 shall submit to the com- mittees of Congress referred to in paragraph (4) a report on the activities of the Commission under this section, including the findings, con- clusions, and recommendations, if any, of the Commission as a result of the review under sub- section (c)(1) and the examination and evalua- tion under subsection (c)(2). (2) The report under paragraph (1) shall in- clude any additional or dissenting views of a member of the Commission upon the request of the member. (3) The report under paragraph (1) shall be sub- mitted in unclassified form, but may include a classified annex. (4) The committees of Congress referred to in this paragraph are the following: (A) The Select Committee on Intelligence and the Committees on Foreign Relations and the Judiciary of the Senate. (B) The Permanent Select Committee on In- telligence and the Committees on Inter- national Relations and the Judiciary of the House of Representatives. (h) Termination The Commission shall terminate at the end of the 60-day period beginning on the date on which the report required by subsection (g) is sub- mitted to the committees of Congress referred to in that subsection. (i) Inapplicability of certain administrative pro- visions (1) The provisions of chapter 10 of title 5 shall not apply to the activities of the Commission under this section. (2) The provisions of section 552 of title 5 (com- monly referred to as the Freedom of Informa- tion Act) shall not apply to the activities, records, and proceedings of the Commission under this chapter. (j) Funding The Attorney General shall, from amounts au- thorized to be appropriated to the Attorney Gen- eral by this Act, make available to the Commis- sion $1,000,000 for purposes of the activities of the Commission under this section. Amounts made available to the Commission under the preceding sentence shall remain available until expended. (Pub. L. 106–120, title VIII, § 810, Dec. 3, 1999, 113 Stat. 1633; Pub. L. 117–286, § 4(a)(162), Dec. 27, 2022, 136 Stat. 4323.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (j), is Pub. L. 106–120, Dec. 3, 1999, 113 Stat. 1606, known as the Intelligence Authorization Act for Fiscal Year 2000. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2022—Subsec. (i)(1). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. CHAPTER 25—MISCELLANEOUS ANTI-DRUG ABUSE PROVISIONS SUBCHAPTER I—ANTI-DOPING AGENCY Sec. 2001. Designation of United States Anti-Doping Agency. 2002. Records, audit, and report. 2003. Authorization of appropriations. 2004. Information sharing. SUBCHAPTER II—NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE 2011. Definitions. 2012. Establishment of clearinghouse and advisory council. 2013. NMIC requirements and review. 2014. Authorization of appropriations. SUBCHAPTER I—ANTI-DOPING AGENCY § 2001. Designation of United States Anti-Doping Agency (a) Definitions In this subchapter: (1) United States Olympic Committee The term ‘‘United States Olympic Com- mittee’’ means the organization established by the ‘‘Ted Stevens Olympic and Amateur Sports Act’’ (36 U.S.C. 220501 et seq.). (2) Amateur athletic competition The term ‘‘amateur athletic competition’’ means a contest, game, meet, match, tour- nament, regatta, or other event in which ama- teur athletes compete (36 U.S.C. 220501(b)(2)). (3) Amateur athlete The term ‘‘amateur athlete’’ means an ath- lete who meets the eligibility standards estab- lished by the national governing body or paralympic sports organization for the sport in which the athlete competes (36 U.S.C. 22501(b)(1)).1 (b) In general The United States Anti-Doping Agency shall— (1)(A) serve as the independent anti-doping organization for the amateur athletic com- petitions recognized by the United States Olympic and Paralympic Committee; (B) be responsible for certifying in advance any testing conducted by international orga- nizations under the World Anti-Doping Code for international amateur athletes and ath- letic competitions occurring within the juris- diction of the United States; and (C) be recognized worldwide as the inde- pendent national anti-doping organization for the United States; (2) ensure that athletes participating in amateur athletic activities recognized by the United States Olympic Committee are pre- Page 1000 TITLE 21—FOOD AND DRUGS § 2001 vented from using performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency; (3) implement anti-doping education, re- search, testing, and adjudication programs to prevent United States Amateur Athletes par- ticipating in any activity recognized by the United States Olympic Committee from using performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency; (4) serve as the United States representative responsible for coordination with other anti- doping organizations coordinating amateur athletic competitions recognized by the United States Olympic Committee to ensure the integrity of athletic competition, the health of the athletes, and the prevention of use by United States amateur athletes of per- formance-enhancing drugs or prohibited per- formance-enhancing methods adopted by the Agency; and (5) promote a positive youth sport experi- ence by using a portion of the funding of the United States Anti-Doping Agency to provide educational materials on sportsmanship, char- acter building, and healthy performance for the athletes, parents, and coaches who partici- pate in youth sports. (c) Due process in arbitration proceedings Any action taken by the United States Anti- Doping Agency to enforce a policy, procedure, or requirement of the United States Anti-Doping Agency against a person with respect to a viola- tion of Federal law, including an investigation, a disciplinary action, a sanction, or any other administrative action, shall be carried out in a manner that provides due process protection to the person. (Pub. L. 109–469, title VII, § 701, Dec. 29, 2006, 120 Stat. 3533; Pub. L. 113–280, § 2, Dec. 18, 2014, 128 Stat. 3020; Pub. L. 117–103, div. Q, title III, § 303, Mar. 15, 2022, 136 Stat. 817.) Editorial Notes REFERENCES IN TEXT The Ted Stevens Olympic and Amateur Sports Act, referred to in subsec. (a)(1), is chapter 2205 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–103, § 303(1)(A), amend- ed par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘serve as the independent anti-doping orga- nization for the amateur athletic competitions recog- nized by the United States Olympic Committee and be recognized worldwide as the independent national anti- doping organization for the United States;’’. Subsec. (b)(5). Pub. L. 117–103, § 303(1)(B), (C), added par. (5). Subsec. (c). Pub. L. 117–103, § 303(2), added subsec. (c). 2014—Subsec. (a)(4). Pub. L. 113–280, § 2(1), struck out par. (4). Text read as follows: ‘‘The term ‘gene doping’ means the nontherapeutic use of cells, genes, genetic elements, or of the modulation of gene expression, hav- ing the capacity to enhance athletic performance.’’ Subsec. (b)(1). Pub. L. 113–280, § 2(2)(A), inserted ‘‘and be recognized worldwide as the independent national anti-doping organization for the United States’’ after ‘‘Committee’’. Subsec. (b)(2). Pub. L. 113–280, § 2(2)(B), substituted ‘‘or prohibited performance-enhancing methods adopt- ed by the Agency’’ for ‘‘, or performance-enhancing ge- netic modifications accomplished through gene- doping’’. Subsec. (b)(3). Pub. L. 113–280, § 2(2)(C), substituted ‘‘or prohibited performance-enhancing methods adopt- ed by the Agency’’ for ‘‘, or performance-enhancing ge- netic modifications accomplished through gene- doping’’. Subsec. (b)(4). Pub. L. 113–280, § 2(2)(D), substituted ‘‘, and the prevention of use by United States amateur athletes of performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agen- cy.’’ for ‘‘and the prevention of use of performance-en- hancing drugs, or performance-enhancing genetic modi- fications accomplished through gene-doping by United States amateur athletes; and’’. Subsec. (b)(5). Pub. L. 113–280, § 2(2)(E), struck out par. (5) which read as follows: ‘‘permanently include ‘gene doping’ among any list of prohibited substances adopted by the Agency.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations. SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–103, div. Q, title III, § 301, Mar. 15, 2022, 136 Stat. 816, provided that: ‘‘This title [enacting section 2004 of this title, amending this section and section 2003 of this title, and enacting provisions set out as a note below] may be cited as the ‘United States Anti-Doping Agency Reauthorization Act of 2022’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–280, § 1, Dec. 18, 2014, 128 Stat. 3020, pro- vided that: ‘‘This Act [amending this section and sec- tion 2003 of this title] may be cited as the ‘United States Anti-Doping Agency Reauthorization Act’.’’ SHORT TITLE Pub. L. 109–469, title X, § 1001, Dec. 29, 2006, 120 Stat. 3537, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘National Meth- amphetamine Information Clearinghouse Act of 2006’.’’ FINDINGS Pub. L. 117–103, div. Q, title III, § 302, Mar. 15, 2022, 136 Stat. 816, provided that: ‘‘Congress makes the following findings: ‘‘(1) The United States Anti-Doping Agency— ‘‘(A) is the independent national anti-doping or- ganization of the United States; and ‘‘(B) manages the anti-doping program, results management processes, drug reference resources, and athlete education for all United States Olympic Committee-recognized national governing bodies and the athletes and events of such national gov- erning bodies. ‘‘(2) The United States Anti-Doping Agency con- tributes to the advancement of clean sport through scientific research, anti-doping education, and out- reach programs, and the mission of the United States Anti-Doping Agency is to preserve the integrity of competition and protect the rights of athletes. ‘‘(3) Participation in youth sports has the potential to equip young athletes with important skills and values necessary for success in life, and it is essential that the culture of youth sports emphasizes such skills and values. ‘‘(4) The TrueSport program of the United States Anti-Doping Agency partners with youth sport orga- Page 1001 TITLE 21—FOOD AND DRUGS § 2012 nizations across the United States to promote sports- manship, character building, and healthy perform- ance through the use of targeted educational mate- rials designed to promote a positive youth sport expe- rience. ‘‘(5) In modifying the authority of the United States Anti-Doping Agency to include the promotion of the positive values of youth sport, Congress sends a strong signal that the goals of youth sport should include instilling in young athletes the values of in- tegrity, respect, teamwork, courage, and responsi- bility. ‘‘(6) Due to the unique leadership position of the United States in the global community, adequate funding of the anti-doping and clean sport programs of the United States Anti-Doping Agency is impera- tive to the preparation for the 2028 Summer Olympic Games, which will be held in Los Angeles, California. ‘‘(7) Increased appropriations for fiscal years 2023 through 2031 would enable the United States Anti- Doping Agency to directly affect the integrity and well-being of sport, both domestically and inter- nationally.’’ § 2002. Records, audit, and report (a) Records The United States Anti-Doping Agency shall keep correct and complete records of account. (b) Report The United States Anti-Doping Agency shall submit an annual report to Congress which shall include— (1) an audit conducted and submitted in ac- cordance with section 10101 of title 36; and (2) a description of the activities of the agen- cy. (Pub. L. 109–469, title VII, § 702, Dec. 29, 2006, 120 Stat. 3534.) § 2003. Authorization of appropriations There are authorized to be appropriated to the United States Anti-Doping Agency— (1) for fiscal year 2023, $15,500,000; (2) for fiscal year 2024, $16,200,000; (3) for fiscal year 2025, $16,900,000; (4) for fiscal year 2026, $17,700,000; (5) for fiscal year 2027, $18,500,000; (6) for fiscal year 2028, $19,800,000; (7) for fiscal year 2029, $22,100,000; (8) for fiscal year 2030, $24,900,000; and (9) for fiscal year 2031, $23,700,000. (Pub. L. 109–469, title VII, § 703, Dec. 29, 2006, 120 Stat. 3534; Pub. L. 113–280, § 3, Dec. 18, 2014, 128 Stat. 3020; Pub. L. 117–103, div. Q, title III, § 304, Mar. 15, 2022, 136 Stat. 817.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–103 amended section generally. Prior to amendment, section related to appropriations for fiscal years 2014 to 2020. 2014—Pub. L. 113–280 amended section generally. Prior to amendment, section related to authorization of ap- propriations for fiscal years 2007 to 2011. § 2004. Information sharing Except as otherwise prohibited by law and ex- cept in cases in which the integrity of a crimi- nal investigation would be affected, pursuant to the obligation of the United States under Arti- cle 7 of the United Nations Educational, Sci- entific, and Cultural Organization International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008, the Attorney General, the Sec- retary of Homeland Security, and the Commis- sioner of Food and Drugs shall provide to the United States Anti-Doping Agency any relevant information relating to the prevention of the use of performance-enhancing drugs or the pro- hibition of performance-enhancing methods. (Pub. L. 117–103, div. Q, title III, § 305, Mar. 15, 2022, 136 Stat. 817.) Editorial Notes CODIFICATION Section was enacted as part of the United States Anti-Doping Agency Reauthorization Act of 2022 and also as part of the Consolidated Appropriations Act, 2022, and not as part of title VII of Pub. L. 109–469 which comprises this chapter. SUBCHAPTER II—NATIONAL METHAMPHET- AMINE INFORMATION CLEARINGHOUSE § 2011. Definitions In this subchapter— (1) the term ‘‘Council’’ means the National Methamphetamine Advisory Council estab- lished under section 2012(b)(1) of this title; (2) the term ‘‘drug endangered children’’ means children whose physical, mental, or emotional health are at risk because of the production, use, or other effects of meth- amphetamine production or use by another person; (3) the term ‘‘National Methamphetamine Information Clearinghouse’’ or ‘‘NMIC’’ means the information clearinghouse established under section 2012(a) of this title; and (4) the term ‘‘qualified entity’’ means a State, local, or tribal government, school board, or public health, law enforcement, non- profit, community anti-drug coalition, or other nongovernmental organization providing services related to methamphetamines. (Pub. L. 109–469, title X, § 1002, Dec. 29, 2006, 120 Stat. 3537.) § 2012. Establishment of clearinghouse and advi- sory council (a) Clearinghouse There is established, under the supervision of the Attorney General of the United States, an information clearinghouse to be known as the National Methamphetamine Information Clear- inghouse. (b) Advisory council (1) In general There is established an advisory council to be known as the National Methamphetamine Advisory Council. (2) Membership The Council shall consist of 10 members ap- pointed by the Attorney General— (A) not fewer than 3 of whom shall be rep- resentatives of law enforcement agencies;